Filing a Complaint and Service of Process

A civil lawsuit begins when the plaintiff files a complaint with the court. Proper service of process on the defendant is essential to establish the court's authority over the case.

The Complaint

A complaint is a formal legal document that:

Identifies the parties (plaintiff and defendant)

States the jurisdictional basis for the court's authority

Alleges facts supporting each cause of action (claim)

Specifies the relief sought (damages, injunction, declaratory judgment)

Under federal rules (and most state rules), the complaint must contain a "short and plain statement" of the claim showing the plaintiff is entitled to relief. The Supreme Court raised the pleading standard in Bell Atlantic Corp. v. Twombly (2007) and Ashcroft v. Iqbal (2009), requiring complaints to state plausible claims, not merely possible ones.

Filing with the Court

The plaintiff files the complaint with the appropriate court and pays a filing fee (federal courts charge approximately $400; state court fees vary). The court clerk issues a summons — a formal notice to the defendant that they are being sued.

Service of Process

The defendant must be served with the summons and complaint. Service achieves two purposes:

Notifies the defendant of the lawsuit

Establishes the court's personal jurisdiction over the defendant

Methods of service (under Federal Rule 4):

Personal service — delivering the documents directly to the defendant

Service on an agent — delivering to someone authorized to accept service

Service at the defendant's dwelling — leaving documents with a person of suitable age and discretion

Waiver of service — requesting the defendant voluntarily waive formal service (saves costs)

Service by publication — publishing notice in a newspaper (only when the defendant cannot be located after diligent search)

The Defendant's Response

After being served, the defendant must respond within a specified deadline (typically 21 days in federal court, 30 days with waiver of service):

Answer — admits or denies each allegation; asserts affirmative defenses (statute of limitations, contributory negligence, etc.)

Motion to dismiss — challenges the complaint's legal sufficiency (failure to state a claim, lack of jurisdiction, improper venue)

Counterclaim — the defendant asserts a claim against the plaintiff

Cross-claim — a claim against a co-defendant

Default Judgment

If the defendant fails to respond, the plaintiff can seek a default judgment — the court enters judgment in the plaintiff's favor without a trial.

Filing a Complaint and Service of Process